Legal Question in Civil Litigation in Florida
2 days ago we closed on a used mobile home in Florida. We were told there was one soft spot in the floor in the bathroom. We knew it would need some work. ie paint and new floor coverings and repair the soft spot in bathroom. We started tearing out the existing carpet and found a terrible amount of black mold. The more we tore out the more we found. We also found rotted floors in both bedrooms and the entire hallway. There is mold there also. Do we have any recourse? Can we just eat the loss and walk away or expect to get our money or some of it back. The home is in a park with lot rent. We have signed no papers with the park except a receipt for the copy of the prospectus. We spent all but 500 of our savings to make this purchase. Can you give me some advice?
2 Answers from Attorneys
A seller of a residence in Florida is required to disclose any know defects in the property. An argument might be made that the statement there was a "soft spot" in the floor put you on notice and you should have investigated. However, the policy behind the aforesaid rule is quite strong and you might well prevail in court against the seller. Did you buy insurance? While it may not pay, you should at least inquire.If you hired a home inspector to inspect the place before you closed and he missed the mold, you may have a claim against him.
Most Mobile homes that are used are sold as is. These are very difficult cases to win, unless there is express fraud or some loop hole in the paperwork. I handle these cases and they are very difficult and expensive if you do not have a home run case. You need to have a consumer lawyer who handles these cases look at the paper work. That is the begining.
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